Municipal Court Traffic Tickets in St. Louis

What municipal court is

When a city police officer writes you a ticket, it's usually for breaking a city ordinance, not a state law, and it goes to that city's municipal court. Each city's municipal judge has original jurisdiction over violations of its ordinances. Under Missouri law, municipal judges are part of the state court system: they sit as municipal divisions of the circuit court, and the presiding judge of the circuit has administrative authority over them (RSMo 479.020).

A municipal judge may serve part-time and may serve up to five cities. In cities of 7,500 or more people, and in cities in a first-class charter county, the municipal judge generally must be a licensed lawyer. Because many cities in the St. Louis area run their own courts, the court, the schedule and the prosecutor's practices all depend on where you got the ticket. See our pages on St. Louis County, St. Louis City, St. Charles County and Jefferson County for local details.

The 2015 reforms: limits on fines and jail

In 2015, after Ferguson drew attention to how municipal courts around St. Louis treated people with traffic tickets, the legislature passed Senate Bill 5. With later amendments, it set statewide limits on minor traffic violations (RSMo 479.350–479.372).

A minor traffic violation is a county or city traffic ordinance violation that:

• doesn't involve an accident or injury;
• doesn't involve driving a commercial motor vehicle;
• carries 0 to 4 points.

It doesn't include speeding more than 19 mph over the limit, or violations in a construction zone or school zone.

For those tickets, RSMo 479.353 says:

• The fine plus court costs can't exceed $225.
• No jail sentence for minor traffic and municipal ordinance violations. The exceptions are violations involving alcohol or drugs, violations endangering others, and eluding or giving false information to a police officer.
• No jail for failing to pay a fine unless it violates probation, or the court strictly follows the due-process steps in Supreme Court Rule 37.65.
• No court costs if the court finds you indigent or the case is dismissed.

Cities and counties must also certify that their courts follow a set of procedures (RSMo 479.360):

• no additional charge for failing to appear on a minor traffic violation;
• payment plans and no-cost community service alternatives;
• electronic or mail payment for minor traffic tickets;
• open courtrooms;
• if you're held on a warrant for a minor traffic violation, a chance to be heard by a judge within 48 hours, or release.

Your ticket must also give the date and time of your court appearance (RSMo 479.354).

Paying online vs. going to court

Most minor tickets can be paid without going to court, but under Missouri Supreme Court Rule 37.49, paying the full fine and costs before your court date counts as a guilty plea and a waiver of trial. Payment after the court date may also be accepted as a guilty plea.

Some charges can't be paid through the court's violations bureau at all:

• violations involving personal injury or property damage;
• driving while intoxicated;
• driving with a suspended, revoked or altered license;
• fleeing or attempting to elude an officer;
• any case the prosecutor sends to a court appearance.

Do you have to be there?

Not always. Under Rule 37.57, a trial can't be held or a guilty plea entered unless you're present, unless the court, the prosecutor and you agree that you need not be. In many municipal courts, that's how a lawyer resolves a minor traffic ticket without the client taking time off work. Practice varies from court to court, so never assume you can skip a court date. Ask first.

Missed court dates and warrants

If you miss court, the judge may issue a warrant. Missouri law allows a warrant for failure to appear even on a ticket classified as an infraction (RSMo 304.009). If you're arrested on a municipal warrant, you must be brought before a judge, in person or by video, within 48 hours, excluding weekends and holidays (Rule 37.47). If you were held on a warrant for a minor traffic violation, the court may review and reduce the original fine or sentence.

A missed court date can also cost you your license. For moving violations that aren't minor traffic violations, the court mails a notice. If the charge isn't resolved and paid within 30 days, DOR suspends the license until it is (RSMo 302.341). Driving after that is a new charge. See driving while suspended or revoked.

Jury trials and trial de novo

Jury trial. Where a jury trial is allowed by law, you must ask for one by written motion at least ten days before the trial date. If the motion is granted, the case is sent to the circuit court for a jury trial (Rule 37.61).

Trial de novo. Under RSMo 479.200, after a trial before a municipal judge you generally have the right to a completely new trial before a circuit or associate circuit judge. The exceptions are cases resolved by a guilty plea or tried to a jury. If the municipal judge isn't a licensed lawyer, the right applies even after a guilty plea. The deadlines are strict:

• The application must be filed within ten days after judgment.
• No judge can extend that deadline (Rule 37.71).
• It can't be granted once you've paid any part of the fine and costs.

How we help

A city ticket can feel too small to bother with, but a conviction still goes on your driving record and can carry points. We review the ticket and your record, deal with the court and the prosecutor, and appear for you where the court allows it. If you've already missed a court date, call us before the problem grows into a suspension or an arrest. Call 314-827-6222 or contact us.

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